Powercity - Can I get a refund?

Kashkai

I bought a tablet pc for my mother for Christmas and it stopped working last week. I brought it back to Powercity and they said they'd give me a credit note or a replacement. I wanted my money back but they said no, it would have to be one of the other options above. I had to then wait 20 minutes while they contacted the tablet supplier in the UK to get a "returns" number before they'd give me another of the tablets.

While waiting I noticed that there were two boxes under the customer services desk of the same tablet I was returning. So I'm dubious that the replacement is going to work any better than the one that died.

Can I get a refund or do I have to take their "store credit" option, even though I don't think I'd buy there again.

athtrasna

Your basic consumer rights entitle you to replacement, repair or refund, but the choice is the store's.

Guy:Incognito

athtrasna wrote: »

Your basic consumer rights entitle you to replacement, repair or refund, but the choice is the store's.

Which one of the 3 you get is down to the customer and the retailer coming to an agreement.

foggy_lad

Prosperous Dave wrote: »

I bought a tablet pc for my mother for Christmas and it stopped working last week. I brought it back to Powercity and they said they'd give me a credit note or a replacement. I wanted my money back but they said no, it would have to be one of the other options above. I had to then wait 20 minutes while they contacted the tablet supplier in the UK to get a "returns" number before they'd give me another of the tablets.

While waiting I noticed that there were two boxes under the customer services desk of the same tablet I was returning. So I'm dubious that the replacement is going to work any better than the one that died.

Can I get a refund or do I have to take their "store credit" option, even though I don't think I'd buy there again.

I would allow them replace the tablet once but if the replacement fails you should insist on a refund on the grounds that the tablet is not fit for purpose by reason of design fault which neither a repair nor replacement will fix.

If they refuse to refund your next course of action would be to write to the store manager and post or hand deliver the letter explaining the issue and outlining clearly that you are seeking a refund, give them a week to respond and if they don't give a refund you can then proceed to a small claims court action.

athtrasna

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_complaints/how_to_make_a_consumer_complaint.html

This article says the sale of goods act does not specify how a refund should be made and a store may opt to issue a credit note.

slimjimmc

athtrasna wrote: »

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_complaints/how_to_make_a_consumer_complaint.html

This article says the sale of goods act does not specify how a refund should be made and a store may opt to issue a credit note.

And if you click on the link that says "Read more about Refunds, Credit notes and Vouchers here" you'll see the following statement:

A credit note is a paper note issued by a retailer to a customer when goods are returned. A credit note acts like a voucher that can only be used in the particular shop or chain of shops that issued the credit note. If you are returning goods that are faulty you do not have to accept a credit note. Instead, you can ask for a repair, a replacement or a refund depending on the goods in question and other circumstances. If you accept a credit note you may not be able to ask for a refund afterwards.

So its still down to what Guy:Incognito said, it's up the the consumer and retailer to agree. The shop can offer a refund in the form of a credit note but you can refuse that form of refund.

WildCardDoW

But it's a more than reasonable form of redress so who knows where you would get with the SCC?

P. Breathnach

WildCardDoW wrote: »

But it's a more than reasonable form of redress so who knows where you would get with the SCC?

No court would accept that a credit note is a satisfactory remedy. That has long been established, and there's plenty of legal precedent on the question.

Skid

WildCardDoW wrote: »

But it's a more than reasonable form of redress so who knows where you would get with the SCC?

No it is not - No-one should be forced to accept a Credit Note for faulty goods. The Small Claims Court have never regarded it as a suitable remedy (nor has any other Court.)

WildCardDoW

Well you live and you learn, thanks guys!

dudara

A credit note is not an acceptable form of refund. It should be a proper refund, usually via the original method of payment.

theteal

I would see a credit note as an attempt at replacement, definitely not refund. In the OP's shoes, I would accept it now as a first instance of problems but if the replacement proceeded to go dodgy (and it would get a rigorous period of testing straight from the box), I'd be looking for cash money.

debabyjesus

I returned an item to powercity the day after I bought it, they tested it and went straight to a refund back onto my card. No replacement or store credit even mentioned?

P. Breathnach

debabyjesus wrote: »

I returned an item to powercity the day after I bought it, they tested it and went straight to a refund back onto my card. No replacement or store credit even mentioned?

Their practice might vary according to the product type involved. Very often the problem with IT products is caused by the user.

P. Breathnach

theteal wrote: »

I would see a credit note as an attempt at replacement, definitely not refund. In the OP's shoes, I would accept it now as a first instance of problems but if the replacement proceeded to go dodgy (and it would get a rigorous period of testing straight from the box), I'd be looking for cash money.

Bad strategy. By accepting a credit note you would have weakened your position. They could insist that you accept a reinstatement of your store credit.

Procrastastudy

athtrasna wrote: »

http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_complaints/how_to_make_a_consumer_complaint.html

This article says the sale of goods act does not specify how a refund should be made and a store may opt to issue a credit note.

slimjimmc wrote: »

So its still down to what Guy:Incognito said, it's up the the consumer and retailer to agree. The shop can offer a refund in the form of a credit note but you can refuse that form of refund.

SOGASOSA is not the bible or be all and end all of consumer legislation. Essentially it's a repair/replacement in the first instance. It is at the retailers discretion to offer a refund at that point. Subsequent issues would open the possibility of rejection of the goods.

I wouldn't be accepting a credit note at either juncture.

foggy_lad

Procrastastudy wrote: »

SOGASOSA is not the bible or be all and end all of consumer legislation. Essentially it's a repair/replacement in the first instance. It is at the retailers discretion to offer a refund at that point. Subsequent issues would open the possibility of rejection of the goods.

I wouldn't be accepting a credit note at either juncture.

The retailer must offer a form of redress usually in the form of a repair, replacement or a refund. the consumer does not have to accept any offer made by the retailer and may chose to pursue a different form of redress so the retailer does not get to decide on or choose any form of redress over any other!. if the case is brought to court what is considered reasonable does come into play.

Procrastastudy

7. (1) The seller shall be liable to the consumer for any lack of conformity referred to in Regulation 5 which exists at the time the goods were delivered.

(2) In the case of such a lack of conformity, the consumer shall, subject to, and, in accordance with, this Regulation, be entitled to have —

(a) the goods brought into conformity free of charge by repair or replacement, or

(b) an appropriate reduction made in the price, or

(c) the contract rescinded with regard to those goods.

(3) In the first place, the consumer may require the seller to repair the goods or to replace them (in either case free of charge) unless this is impossible or disproportionate.

(4) Either of these remedies shall be deemed to be disproportionate if it imposes costs on the seller which, in comparison with those of the other remedy or of any other remedy mentioned in this Regulation, are unreasonable, taking into account —

(a) the value the goods would have if there were no lack of conformity,

(b) the significance of the lack of conformity, and

(c) whether the alternative remedy could be completed without significant inconvenience to the consumer.

(5) Where the remedy of repair or replacement is provided the repair or replacement shall be completed within a reasonable time and without any significant inconvenience to the consumer, taking account of the nature of the goods and the purpose for which the consumer required them.

(6) In paragraphs (2) and (3) “free of charge” means free of the costs that must necessarily be incurred to bring the goods into conformity, including the cost of carriage postage, labour and materials.

(7) The consumer may require an appropriate reduction of the price or have the contract rescinded if —

(a) the consumer is entitled to neither repair nor replacement, or

(b) the seller has not completed the repair or replacement within a reasonable time, or

(c) the seller has not completed the repair or replacement without significant inconvenience to the consumer.

(8) The consumer is not entitled to have the contract rescinded if the lack of conformity is minor.

If there are alternative interpretations to this regulation I'm willing to be corrected but my reading is that you are first required to engage in a repair/replacement and only if this is not completed without significant inconvienace may you reject the goods.

Kashkai

Well I got the replacement tablet on Wednesday, charged it up and gave it to my mother Thursday (ie yesterday evening) where I turned the tablet on for the first time. This evening, I got a call from my brother who was visiting my mother to say the replacement tablet is not working. So it went belly up less than 24 hours after it was first switched on!

I'm pretty sure that this tablet is a piece of crap, and not fit for purpose. Can I NOW look for a refund?

foggy_lad

Prosperous Dave wrote: »

Well I got the replacement tablet on Wednesday, charged it up and gave it to my mother Thursday (ie yesterday evening) where I turned the tablet on for the first time. This evening, I got a call from my brother who was visiting my mother to say the replacement tablet is not working. So it went belly up less than 24 hours after it was first switched on!

I'm pretty sure that this tablet is a piece of crap, and not fit for purpose. Can I NOW look for a refund?

You can insist on a refund now as the replacement has failed and it looks unlikely they will offer to repair if they have two boxes of returned tablets under the counter.